HB 805 -- Professional Relationships Between Teachers and School
Districts Act

Sponsor:  Wilson (130)

This bill establishes the Professional Relationships Between
Teachers and School Districts Act which specifies the procedures
under which local school boards can meet and negotiate with
employee organizations.

The bill specifies what the employee organizations are authorized
to do and cannot do.  Judicial review is permitted.  Employees
have the right to join and to refrain from joining an employee
organization, to present their individual grievances without
assistance from the organization, and to express opinions if it
does not interfere with the employee's duties.  Employee
organizations have the right to establish membership criteria, to
represent employees, to use school facilities in certain
circumstances, and to have membership dues deducted from an
employee's pay.

Members of management and those with supervisory or confidential
capacities may represent themselves.  Employers may not impose or
threaten to impose reprisals or discriminate or threaten to
discriminate, deny the employee organization or council any of
their rights, refuse or fail to meet and negotiate in good faith,
or dominate or interfere with the formation of employee
organizations.  Employee organizations may not cause or attempt
to cause a public school employer or employee organization to
violate the provisions of the act, impose or threaten to impose
reprisals, or refuse or fail to cooperate in good faith.
Employees may not strike, and employers may not lock out
employees.  Teachers face dismissal or the loss of tenure and a
$250 fine for each day of an illegal strike, while an employee
organization may be fined:

(1)  $1,000 for a school district with an enrollment of at least
350 students;

(2)  $1,500 for a school district with an enrollment of between
351 and 1,000 students;

(3)  $3,000 for a school district with an enrollment of between
1,001 and 3,500 students;

(4)  $5,000 for a school district with an enrollment of between
3,501 and 7,500 students; or

(5)  $7,500 for a school district with an enrollment of more than
7,500 students.

School employers will be fined up to $5,000 for an illegal lock
out, and each member of the public school employer's governing
board and school superintendent will be subject to a $250 fine
per day for an illegal lock out.

Each school district and employee organization must enter into a
written agreement which will be sent to the local school board
after it is ratified by the employee organization to accept or
send back for further negotiating at which time the local school
board may enter into impasse procedures or arbitration as allowed
by school district policy.  The agreement is binding after
ratification by the employee organization and approval by the
local board of education and is a public document.  The
negotiation meetings are covered under the Open Meetings and
Records Law, commonly known as the Sunshine Law.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:25 am